New South Wales Consolidated Acts

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Court may disqualify driver on conviction

204 Court may disqualify driver on conviction

(cf Gen Act, s 187(1)-(5) and (7))

(1) Court may order disqualification for offences against road transport legislation A court that convicts a person of an offence against the road transport legislation may, at the time of the conviction, order the disqualification of the person from holding a driver licence for such period as the court specifies.
(2) If the court makes an order disqualifying the person, the person is disqualified from holding a driver licence for the period specified by the court.
(3) Any disqualification under this section is in addition to any penalty imposed for the offence.
(3A) This section is subject to Division 2 and to any provision of this Act--
(a) that provides for a minimum period of disqualification of a person from holding a driver licence when a court orders a disqualification on the conviction of the person for an offence, or
(b) that provides for a mandatory period of disqualification on the conviction of a person for an offence.
(4) Imposition of speed inhibitor conditions The statutory rules may--
(a) provide that any driver licence held by a person (or class of persons) who has been convicted of the offence of driving a motor vehicle on a road at a speed which is dangerous to the public under this Act or of any other prescribed speeding offence is subject to a speed inhibitor condition, and
(b) provide a penalty for any breach of any such condition, and
(c) prescribe any matter necessary or convenient to be prescribed in relation to devices referred to in the definition of
"speed inhibitor condition" in subsection (6).
(5) Particulars of disqualifications to be forwarded to TfNSW The court is to cause particulars of each conviction or order under the road transport legislation to be forwarded to Transport for NSW.
(6) Definitions In this section--

"road transport legislation" does not include the following--
(a) the Motor Vehicles Taxation Act 1988 or the regulations made under that Act,
(b) Schedule 2 or statutory rules made for the purposes of that Schedule.

"speed inhibitor condition" means a condition limiting a driver licence to the driving of a motor vehicle to which is affixed a sealed device that prevents the engine from propelling the vehicle at a speed in excess of 60 kilometres per hour.

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